In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, April 9, 2024 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon, DEM
Don Gomez
Patricia Reynolds
Catherine Hall
Stephen Izzi
Kevin Flynn

Excused:
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Amy Silva, Spv Environmental Scientist
Bruce Lofgren, Coastal Policy Analyst
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Recording Secretary Ryan Moore, IT
Cynthia Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:01 p.m.

2. Review/Action of the Minutes of the Previous Meeting – March 12, 2024

Chair Coia called for a motion regarding the minutes for the Tuesday, March 12, 2024 Semi-monthly Meeting.

Motion: Mr. Gomez
Second: Mr. Flynn

Motion carried on unanimous vote.

3. Subcommittee Reports

Mr. Willis updated the Council stating that the CRMC staff had updated the Administrative Fine Matrix per the Council’s request at the January 9, 2024 Semimonthly Meeting and that the Planning and Procedures Subcommittee, after reviewing the edited document, authorized the start of rulemaking on the Administrative Fine Matrix.

4. Staff Reports

Mr. Willis reported to the Council:

Governor McKee announced a grant for a resiliency project to include the CRMC, DEM and the Infrastructure Bank- the project will include improvement to public coastal access.

5. Administrative Applications that are before the Council for Review and Action:

2023-12-058 BETTE GRUSKAY TRUSTEE Et Als -- To construct a new single-family dwelling serviced by denitrifying OWTS, public water, pervious driveway and stormwater management BMP and to establish a vegetated buffer zone; Variance required to buffer/setback distances. Project Location: Brant Road South; South Kingstown, RI – Plat 90-4, lot 130.

Ms. Silva gave a brief overview of the project stating that it was located in the Twin Peninsula neighborhood of NE shore of Green Hill Pond designated as Type 2 waters.

Ms. Silva further informed the Council that the previous homeowner had received a Preliminary Determination from CRMC stating that:

• staff could support a minimum of a 25’ buffer zone as required in the Salt Pond Special Area Management Plan.
• a 12.5’ construction setback as required by the Redbook.
• a minimal house footprint was required.
• a Deed Restriction prohibiting future development on the lot would also be required.

Ms. Silva further informed the Council that:

• the new owner provided a variable buffer zone inland of the 25’ proposal.
• total buffer is 27.5-38’ across the lot requiring >50% buffer zone variance which required Council review.

Ms. Silvia stated that it was the staff’s opinion that the applicant had met the variance criteria and had no objection to the issuance of an Assent for this project with standard stipulations as well as an additional stipulation requiring the applicant to provide a recorded deed restriction limiting future development on the lot as noted above, prior to issuance of an Assent by the agency.

Jack McGreen, Esq was present to represent the owner of the property and informed the Council that the property owners had read the staff report, agree with the stipulations and are available to answer any questions.

Mr. Flynn asked if the lot had been associated with abutting lots. Mr. McGreen stated that the lot was a grandfathered lot.

The Council had questions about the deed restriction prohibiting future development on the lot. The applicant stated that they could not build higher based on town ordinances. There was discussion amongst the Council as to development limitations such as future alterations due to physical disability, i.e. elevator. Mr. Willis stated that any change or upgrade would need to be within the footprint and that staff could provide assent stipulations that incorporate the intent for physical disability.

Ms. Hall asked about future damage to the wetland and possible damage to abutting properties. Ms. Silva stated that CERI only provides information on the property in question.

Ms. Hall asked about the variable nature of the buffer zone across the property. Ms. Silva stated that the plans provided different footage across the property – from 3’ to 20’ – giving additional buffer zone where able.

Ms. Silva stated that as per CRMC standard stipulations, permanent buffer zone markers will be required to be put in prior to construction.

Ms. Reynolds asked about the prospect of adding a dock. Ms. Silva stated that a dock as well as buffer management would be allowed within the bounds of the Deed Restriction.

There was further discussion on the evaluation of future cumulative impacts from this development. Nothing further from all parties.

Mr. Gagnon motioned for the approval of the application with standard stipulations, a stipulation for no further development on the lot and pre-approval from the Council for handicap access.

Mr. Flynn seconded the motion.

No discussion.

Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

6. Public Hearing on Proposed Rule-making:

Title of Rule: Management Procedures (650-RICR-10-00-1)
Rulemaking Authority: R.I. Gen. Laws Chapter 46-23 et seq.

Summary of Rulemaking Action:

The CRMC proposes to amend its Management Procedures at § 1.4.6(A)(10) to eliminate the 3-day beach vehicle permit program. The change to the beach vehicle permit regulations would also require a change in the fee schedule to remove the 3-day beach vehicle permit pass fee. The annual beach vehicle permit program will remain in full force and effect and will remain unchanged.

The CRMC also proposes to amend its Management Procedures at § 1.5.12 to eliminate the fourth extension request, which is required to be heard before the Council, but retain the three (3) administrative extension requests, each at a one-year maximum.

Mr. Lofgren gave a brief overview of each rulemaking action.

Mr. Flynn asked about the elimination of the 3-day Oversand permit. Mr. Lofgren explained that the change was due to the decline of the passes over the last five years and the reports from municipal police forces that issues were more prevalent with the 3-day pass than the annual pass.

Mr. Izzi asked about the elimination of the 4th extension. Mr. Lofgren explained that the 4th extension requires Council approval and that the Council agenda can be more efficiently used for applications, letting the extensions be approved administratively. Mr. Gagnon confirmed that RIDEM permits were for 4 years with a one-time 2-year extension.

Motion to close public hearing from MR. Izzi and seconded by Mr. Gomez

Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

7. ADJOURN

Motion to adjourn:

Motion: Mr. Izzi
Second: Mr. Gomez

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned 6:50 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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